ARVIND NARAIN MISRA Vs. DILIP SINGH RANA

JUDGEMENT

(1.) This special appeal has been filed against two judgments of the learned Single Judge. The first judgment is dated 22 March 2013, disposing of the contempt petition and the second judgment is dated 16 December 2013, which was passed on a clarification application moved by the respondent.

(2.) The respondent was the petitioner before the writ court in a petition that was filed to challenge an order dated 19 July 2002, imposing upon him a punishment of deduction of 1/3rd of the total amount of pension, after a disciplinary enquiry. By a judgment and order of the Division Bench dated 09 November 2006, the order of punishment was set aside and a consequential direction was issued to the effect that the respondent would be entitled to pensionary benefits, which shall be paid to him forthwith.

(3.) The respondent instituted a contempt petition in 2007, alleging non-compliance of the order of the Division Bench. During the pendency of the contempt proceedings, several affidavits were filed on behalf of the State by the Principal Secretary in the Secretariat Administration Department for explaining that the orders of the Division Bench have been complied with. In an affidavit dated 31 March 2008, the Secretary explained that the following payments have been released including pension, gratuity, leave encashment, suspension allowance and arrears of salary: <FRM>JUDGEMENT_266_LAWS(ALL)2_2014_1.html</FRM>